Allahabad High Court
Randheer Singh And Others vs State Of U.P.Through Secy.Agriculture ... on 9 August, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 5074 of 2010 Petitioner :- Randheer Singh And Others Respondent :- State Of U.P.Through Secy.Agriculture Edu.& Research Lko. Petitioner Counsel :- Vinod Kumar Singh Respondent Counsel :- C.S.C.,K.P.Tripathi Hon'ble Shabihul Hasnain,J.
Heard Sri Vinod Kumar Singh, learned counsel for the petitioner and Sri Kuldeep Pati Tripathi for opposite party no. 2 to 4, while notice for the State Government has been accepted by the Chief Standing Counsel.
The petitioner's case is that they are regular employees but they are not being paid salary for the work, conducted by them. It is not a case where salary has been stopped because of some punishment order after inquiry. It is a simple case where salary is not being provided to the petitioners for the reasons best known to the University.
Learned counsel for the University states that he would like to file counter- affidavit. Although he admits to certain extent that the salary is not being paid because of the financial crunch and freezing of the funds by the State Government.
Learned counsel for the petitioners has urged before this Court that since the petitioners are regularly appointed and continuously working, with-holding of their salary is causing great financial hardships and survival of the petitioner's family has become very difficult.
This Court, after hearing the arguments, realizes with anxiety that such non payment of salary will amount to taking 'Begar' as prohi9bited in Article 23 of the Constitution of India. When the citizens of this country are exploited at the hands of the Government, it touches the conscious of the Court. The salary is the basic right of any employee and it has to be paid not as a charity but as a matter of right so long rule of law is prevailing.
Learned standing counsel for the State as well as counsel for the University have prayed and are granted three weeks time to file counter- affidavit. Rejoinder- affidavit, may be filed within a week. List thereafter.
Meanwhile, opposite party no. 1 as well as opposite party no. 2 are directed to ensure the payment of salary to the petitioners, if they are regularly appointed and continuously working in the University. This payment should be ensured forthwith.
Order Date :- 9.8.2010 Sadiq